SONU KORI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The applicant has filed this first bail application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 17/12/2021 by Police Station, Indar District Shivpuri in connection with Crime No.186/2021 registered for offence punishable under Ss. 363, 376 of IPC and Sec. 5/6 of POCSO Act.

(2.) It is the submission of learned counsel for the applicant that false case has been registered against him and he is suffering confinement since 17/12/2021 whereas charge-sheet has already been filed. It is further submitted that statement of prosecutrix recorded under Sec. 164 of Cr.P.C. indicates consensual nature of relationship. She shared emotional proximity with the applicant. Applicant does not bear any criminal record. Confinement amounts to pretrial detention. He further undertakes not to be source of embarrassment and harassment to the complainant party in any manner and would not move in the vicinity of complainant party. Thus, prayed for bail.

(3.) Counsel for the State opposed the prayer and prayed for dismissal of the bail application.